Human Rights Watch Calls for Transparent Investigatin on Khalafyan's Death

Human Rights Watch has sent a letter to Aghvan Hovsepyan, Prosecutor General of the Republic of Armenia Regarding the Death of Vahan Khalafian while in Custody.

The letter reads as follows:

“Dear Mr. Hovsepian,

“Human Rights Watch is writing to express its profound concern about the death of 24-year old Vahan Khalafian, who sustained a fatal injury while in the custody of the Charentsavan police station on April 13, and to urge you to conduct a thorough, independent, and transparent investigation into circumstances of his death in accordance with Armenia's international obligations.

“Khalafian and four other men were detained on April 13 in Charentsavan, a town about 40 kilometers north of Yerevan, on suspicion of stealing 1.5 million drams worth of goods from a fellow resident. Police publicly reported that while at the station, Khalafian grabbed a knife from a police major's office while a policeman was not paying attention, and stabbed himself in the stomach. He died hours later in a hospital.

“There is some concern that Khalafian may have been ill-treated prior to his death. Arthur Sakunts, leader of the Vanadzor branch of the Helsinki Citizens' Assembly (HCA), spoke to two other detainees who were interrogated in neighboring rooms to Khalafian while he was being interrogated. The two men, who have been released, alleged that they could hear noises indicating that Khalafian was ill-treated during interrogation. Khalafian's mother also told the local media that in addition to lacerations on his chest and two puncture wounds in his abdomen, Khalafian also had multiple bruises on his legs. While it is impossible for Human Rights Watch to ascertain how and where Khalafian sustained these bruises, this raises concerns about possible ill-treatment of Khalafian in police custody.

“In an interview with local media on April 14, Republic of Armenia Police Chief Alik Sargsian flatly denied allegations that Khalafian was ill-treated in custody and stated that "there were no traces of violence on Khalafian's body and no policemen used force against him." He acknowledged that the policemen were not vigilant with regard to the knife, and stated that the incident could have happened anywhere else, as Khalafian suffered a mental disorder and was exempted from military service for that reason in 2005. Sargsian also stated that Khalafian was one of the ringleaders of the theft.

“We are aware that Armenia's Special Investigative Service (SIS) is conducting a preliminary investigation into Khalafian's death. SIS took over the criminal case launched by the Armenian police investigative department in accordance with article 110, part 1 of the Criminal Code of Armenia (causing somebody to commit suicide).

“We welcome the initiation of a criminal investigation. But we are concerned that statements by the Police Chief commenting on the state of Khalafian's body-before the forensic report could be made public-and branding Khalafian as the ringleader in the theft may jeopardize the investigation's impartiality and independence.

“We urge you to ensure that your office conducts an impartial, thorough, and transparent investigation into the circumstance surrounding Mr. Khalafian's death. Such an investigation should not exclude the possibility that Khalafian could have been ill-treated in custody. The investigation should be capable of identifying and leading to the punishment of those found to be responsible to the full extent of the law, as required by the Article 2 of the European Convention on Human Rights (ECHR) to which Armenia is a party. Armenian authorities have an obligation to provide a complete and plausible explanation for and account of any death in custody, based on a thorough and independent investigation which establishes the extent of the liability of the authorities in whose custody the deceased was when he died. Failure to carry out such an investigation and to pursue any appropriate prosecutions of those responsible would bring Armenia in violation of its obligations under the ECHR. The investigation should also look into the efficiency of the medical assistance provided to Khalafian and whether it met the requirement to provide the highest possible standard of treatment.

“We also encourage you to take the necessary steps to ensure the rights of Mr. Khalafian's family are respected. They have a right to participate in and have access to the investigation and to be represented to ensure that their interests are safeguarded. In this regard we welcome the presence of Khalafian's family member during the forensic examination.

“Human Rights Watch has documented numerous cases of ill-treatment in custody in Armenia for which no one was held responsible. We are also aware that no one has been held accountable for the 2007 death in custody of Levon Gulyan. It is of paramount importance to break the cycle of impunity in such abuses through rigorous investigation and prosecution of abusive law enforcement officials.

“Thank you for your attention to this serious matter.”